Terms of Use

Journi, Inc. (“Journi”) provides this mobile application (the "App") as part of Journi’s services. Use of the App and related services are subject to these terms and conditions (the "Terms").

BY USING THE APP, YOU SIGNIFY YOUR AGREEMENT WITH THE FOLLOWING TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE APP.

The information provided through the App is not a substitute for the advice of your personal physician or other qualified health care professional. Always seek the advice of your physician or other qualified health care professional with any questions you may have regarding medical symptoms or a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read in the App. If you think you have a medical or psychiatric emergency, call 911 or go to the nearest hospital.

Revisions, updates and changes

Evolving technology will continue to provide the App with new and better ways to safeguard your information. We may update this statement in the future to reflect these technological advances, and we encourage you to return to this page from time to time for any updates.

We reserve the right to change our terms of use at any time without advance notice. We will notify you of any material changes to the terms of use and as required by law and give you an opportunity to review the revised terms of use before deciding if you would like to continue to use the App.

Benefit information

No content on the App is intended to replace or amend your health insurance coverage or health insurance coverage language. You should always consult with your health insurance company for details about your health insurance benefits.

No medical advice

The App does not provide medical advice, diagnosis, or treatment, and the information available does not create a physician-patient relationship or constitute the practice of medicine. Information and services provided by the App should not be used as a substitute or supplement for professional medical advice. If you have medical or health-related questions, contact your physician. We are not responsible for your decisions or actions taken based upon the services provided through the App. We shall not have any responsibility for decisions made or actions taken or not taken based upon the Services.

We may provide access to information available from a third party website, not owned or controlled by the App (“Third Party Websites”), or access to features or services provided and managed by our partners (“Third Party Partners”). Some of these Third Party Websites and Partners may provide medical care services. Third Party Websites and Partners providing medical care services may provide protected health information to your Group Health Plan, the Group Health Plan’s Third Party Administrator, or the Group Health Plan’s other business associates in accordance with HIPAA. You should review their terms of use, privacy policies, and other materials for information about their data policies and to determine whether the services they are providing constitute medical care. The access we provide to these Third Party Websites and Partners is not medical care. The information, features, or services provided by Third Party Websites and Services are discussed further under the “Third parties” subheading.

Online privacy and security

Protecting your personal information is important to us. Whether you are a current customer or visiting this App, we are committed to protecting the information you provide through this App. However, we recognize, and want you to recognize, that while electronic communications have many benefits, they are not as secure as other means of communication. Read the following information carefully to better understand how using this App affects your privacy. In addition, please also see our Privacy Policy for more information.

Security Practices

We attempt to protect online information according to applicable laws and established company security standards and practices. We have security measures in place to protect against the loss and misuse or alteration of information under our control, and we continually evaluate new technologies for safeguarding your information. However, we cannot guarantee the confidentiality or security of electronic transmissions via the Internet because they may potentially use unsecure computers and links, and data may be lost or intercepted by unauthorized parties during such transmission.

Cookies, Pixels and Similar Technologies

Technologies like cookies, pixels and other identifiers (collectively, "Cookies and Similar Technologies") are used to deliver, secure and understand products and services that we offer. Cookies are small files that are placed on your browser or device by the website you are viewing or app you are using. Pixel tags (also called clear GIFs, web beacons or pixels) are small blocks of code on a website or app that allow them to do things like read and place cookies and transmit information to us.

We use Cookies and Similar Technologies for a variety of reasons, such as allowing us to show you content and material that's most relevant to you, improving our products and services, and helping to keep our products and services secure. While specific names of the Cookies and Similar Technologies that we use may change from time to time as we improve and update our products and services, they generally fall into the following categories of use: authentication, security, insights and measurements, localization, and App features and performance.

When you allow us to collect location data through your phone, we may use that information to provide and improve App features, such as finding you a nearby provider. You may turn off location data through your phone settings.

We sometimes use third party service providers (“Infrastructure Vendors”) or partner with Third Party Partners to help us provide or inform you of certain products and services. We may contract with these other companies that use Cookies and Similar Technology to collect information regarding your interaction with the App or your use of both the App and Third-Party websites and Partners. We may transfer information to Infrastructure Vendors who support our business, such as providing technical infrastructure services, storing, hosting or transferring data, analyzing how our products and services are used, measuring the effectiveness of ads and services, providing customer service, and facilitating payments. We may also transfer information to Third Party Partners who offer you additional services or features through our App.

Most browsers will allow you to disable cookies, can be set to notify you when you receive a cookie and thus give you an option to not accept it, or will allow you to choose an option not to have the browser track you. If you choose to disable cookies, certain functionality of a website or the App may be impaired or not work at all.

Device data

You agree that we, our Infrastructure Vendors, or our Third Party Partners may collect the following information periodically and without further notice to you as a result of your use of the App: technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals.

Your account and passwords

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your password or account. It is your sole responsibility to (1) control the disclosure and use of your user name and password; (2) authorize, monitor, and control access to and use of your account and password; and (3) promptly inform us of any need to deactivate a password. You agree not to provide your user name in a manner that allows for any use of data mining, robots, or similar data gathering and extraction tools or any downloading or copying of account information for the benefit of another party.

As part of your participation in using this App, you may be asked to provide certain personal information, including your name, email address, date of birth, phone number, and insurance information. We may also ask you for your employer’s name and your address. Should you want to access data regarding a dependent, you must have legal authority to receive this information. You agree that the information you provide is true, complete, current, and accurate and that you will maintain and update this personal information as necessary.

If you are not a member of your employer’s Group Health Plan, or if you choose not to provide certain information, you may have more limited experience using the App. Specifically, if you choose not to provide the App access to your health plan information and to only use the features that are supported by your Group Health Plan through this App, we will use your information only to provide you those limited services supported by your Group Health Plan as a business associate to your Group Health Plan. Your data will be protected and used in accordance with HIPAA, and the privacy policy of your Group Health Plan will apply to your use of the App, instead of the Journi Privacy Policy. In addition, we, along with our Third Party Partners and Infrastructure Vendors, will not send you communications to inform you about products, services, or new features outside of those benefits offered by your Group Health Plan and will not make requests for feedback.

Fingerprint identification/facial recognition on the App

We may offer the option to sign in to the App using fingerprint identification or facial recognition. You can enable or disable this feature by updating the fingerprint identification or facial recognition setting in your App settings. We do not have access to your fingerprint or facial recognition information. If you choose to save your user name and password, which is required to enable fingerprint identification or facial recognition, they will be stored per your device and operating system’s management of this data and not on our system.

You acknowledge that by enabling fingerprint identification or facial recognition, anyone who has a fingerprint or facial identification stored on your device will be able to access your account on the App. We caution you against storing the fingerprints or facial identification of others on your device. If you choose to do so and enable this sign in feature in the App, you should make sure that the individuals who have fingerprints or facial identification stored on your device are authorized to access the personal and account information available through the App.

We reserve the right to suspend or disable this feature at any time. For information on how your fingerprint, facial identification, and data are used and stored, refer to your device and operating system documentation.

Emails, Push notifications and Other Communications

As part of your use of the App, you may receive notifications, alerts, emails, and other electronic communications from us or sent on our behalf by a Third Party Partner or Infrastructure Vendor. We may need to provide you with certain communications, such as service announcements or administrative messages. You agree to the receipt of these communications. Any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing.

From time to time, we, or a Third Party Partner or an Infrastructure Vendor on our behalf, may send you communications to inform you about products, services, or new features that you may be interested in. You may opt out of receiving such communications through either going to your account settings and adjusting your communication preferences or by following directions to opt out or unsubscribe contained in the communication.

We, or a Third Party Partner or an Infrastructure Vendor on our behalf, may send you requests for feedback. You may opt out of receiving such communications by following the directions to opt out or by using the unsubscribe option contained in the communication. We, or a Third Party Partner or Infrastructure Vendor on our behalf, may also solicit feedback through links available to you in the App that will take you to a survey, should you choose to participate. Such participation is voluntary, and the feedback you provide is not linked to your user name or account. The survey may ask you if you wish to provide your name and contact information, but you do not have to provide this information.

When you are signed in to the App, you may additionally receive a message asking if you would like to allow in-App push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds, and icon badges, to your mobile device. Push notifications can be delivered whether or not you are currently signed in and/or using the application and whether or not your device is in locked and/or in sleep mode. If you do not wish for others to view your notifications, you should adjust the privacy settings on your device. If you do not wish to receive push notifications from us, click "Don't Allow" or a similar button, when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings options, or turn them off through your device notifications settings.

User Submissions, App Use and Content

You are responsible for your own actions and communications in the App and consequences of such activity. You may not use the App in any manner that may: adversely affect the resources or the availability of the App to others; violate any local, state, national, or international law; delete or revise any content other than your own user-inputted content or that of your dependent on the App; or collect or store personal information about other visitors. You may not submit or post any material or information that is illegal; fraudulent, false, misleading, or deceptive; that is obscene, threatening, discriminatory, harassing, hateful, racially or ethnically offensive, defamatory, violent or promoting violence, or invasive of privacy; infringing of proprietary rights of any person or entity; or which contains software viruses, corrupted data, cancel bots, commercial solicitations, mass mailings, or any form of "spam." You may not use a false email address to impersonate any person or otherwise mislead as to the origin of any material or information you submit or post. You may not use or attempt to use another user’s account without authorization.

Some parts of the App may allow you to post notes to your profile, or to communicate with us or our Third Party Partners, including the submission of images, materials, or information ("Personal User Content"). In providing Personal User Content, you acknowledge that we, and our Third-Party Partners or Infrastructure Vendors on behalf of us, may use the information to provide you services, show you content and material that's most relevant to you, improve our products and services, and help keep our products and services secure. As part of these efforts, we, or a Third Party Partner or Infrastructure Vendor on behalf of us, may monitor your communications with us or Third Party Partners. We may offer features that allow you to provide access to information in your account to others, including caregivers and members of your family. Personal User Content, including photographs you upload to your account, may also be visible to those to whom you provide access to account information, as well as to Care Guides and others assisting you with an issue. If you have a unique user name and/or password to access secure areas, you are responsible for protecting the user name and/or password and for any unauthorized use by others, with or without your permission.

Some parts of the App may allow you or other users to publicly post content (Visitor Content”). You grant us the unrestricted right to use or distribute, free of charge, any Visitor Content posted on the App by you. You acknowledge that you are not entitled to any form of compensation if you choose to submit ideas, feedback, or suggestions to us, and you grant us an unrestricted right to the ideas, feedback, or suggestions. You continue to own the identifiable data that you consent to share with us from other sources, such as your health plan data. For data that cannot be connected or linked to an identifiable person, we own this data, along with data collected, created, or derived from the App.

We do not represent or guarantee the truthfulness, accuracy, or reliability of any Personal User Content or Visitor Content or endorse any opinions expressed by users. Any reliance on Personal User Content or Visitor Content is at your own risk.

We may review, remove or edit any Personal User Content or Visitor Content at its discretion. We are not required or obligated to monitor any Personal User Content or Visitor Content but we have the right to do so for the purposes of our operational services, ensuring compliance with these Terms, and complying with applicable law or other legal requirements. We may consult with and disclose unlawful conduct to law enforcement authorities and, pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We have no responsibility and assumes no liability for Personal User Content or Visitor Content.

Disclaimers

ALTHOUGH WE ATTEMPT TO MAINTAIN THE ACCURACY AND INTEGRITY OF THE CONTENT ON THE APP, WE MAKE NO GUARANTY AS TO ITS CORRECTNESS, COMPLETENESS, OR ACCURACY. THE APP, ALONG WITH ALL INFORMATION, CONTENT, MATERIALS AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE APP, AVAILABILITY OR SECURITY OF THE APP, OR THE INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE APP. YOU EXPRESSLY AGREE THAT YOUR USE OF THE APP, AND THE SUBMISSION OF ANY INFORMATION BY YOU, IS AT YOUR SOLE RISK. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

WE AND OUR SUPPLIERS AND LICENSORS (INCLUDING, FOR THE PURPOSES OF THIS ENTIRE SECTION, ALL THIRD PARTY PARTNERS, INFRASTRUCTURE VENDORS, AND ANY OTHER PROVIDER OF SERVICES AND CONTENT FOR THIS APP) SHALL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES OR UNDER ANY THEORY OF LIABILITY OR INDEMNITY, FOR ANY DAMAGES OR PENALTIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL INDIRECT, EXEMPLARY, PUNITIVE AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) IN CONNECTION WITH THE USE OR INABILITY TO USE THE APP, EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Use of content

The contents of the App are protected by copyright. The collective work of the App may also include work that is the property of others, which work is also protected by copyright or other intellectual property laws. Unauthorized use may violate copyright, trademark, and other laws. We authorize you to view and download material on the App solely for your own personal, non-commercial use. You must keep all copyright and other proprietary notices on any copies you make. You may not sell or modify the material or otherwise use it for any public or commercial purpose.

DMCA

We respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may send us a notice requesting that the material be removed. When submitting a notice, provide us with the following information: (i) a physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the App; (iv) your address, telephone number, and email address; (v) a statement by you, made under penalty of perjury, that the above information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner's behalf, and that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Attn: Legal Department, P.O. Box 1271, Portland, OR 97207.

Trademarks

Our name and any other names of Journi or its websites, publications, products, content, or services referenced on the App are our exclusive trademarks or service marks, including without limitation the "look and feel" of the App and the color combinations, layout, and other graphical elements. You may not use our trademarks in any manner without our express, written permission. Other product and company names that appear may be subject to trademark or other rights of other parties.

Third parties

The App may provide links to Third Party Websites. We have no control over websites or other resources accessed through such links. We provide links to Third Party Websites to connect you to additional sources of information or services that may be of interest to you. Such links are provided for your convenience only, and do not constitute an endorsement of the Third Party Websites or content by us. Once you leave the App and visit the Third Party Website, you are subject to any terms of use, privacy policy, or other disclosures of the Third Party Website.

We may also provide access to services managed by Third Party Partners with whom we have made arrangements to offer you these services through the App. These Third Party Partners may be co-branded, meaning that they display the our logo and the logo of the Third Party Partner, or white-labeled, meaning that they display just the our name and/or logo, but they are owned and controlled by the Third Party Partner. In each such instance, where practicable, we will let you know when you are leaving the App and accessing a Third Party Partner. The Third Party Partners may collect data you submit to provide you with access to their service; to understand how you use their services; to troubleshoot and protect against errors; to perform data analysis and testing; and to improve their products, among other possible uses.  Some of the services made available through the App may be subject to additional Third Party Partner terms, privacy policies, and disclosures, and those terms, privacy policies, and disclosures are incorporated into these Terms by reference, including the following Third Party Partner terms, privacy policies, and disclosures:

Unless otherwise explicitly stated by the Third Party Partner under their terms of use, the services they provide are not intended to diagnose disease, give medical advice, prescribe treatment, create a physician-patient relationship, or constitute the practice of medicine. We make no guarantees and disclaims any implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness of the Third Party Websites or Partners, the information contained in them or the products, or services they provide. We shall not be liable, directly or indirectly, for any damage or loss incurred by you in connection with Third Party Websites accessed through links or the services of Third Party Partners. We are not responsible for the content, security, or the privacy practices of Third Party Websites or Third Party Partners. Review the privacy statement and any terms of use of each Third Party Website you visit or Third Party Partners you access.

Credits

Certain portions of the App use data from Paraphrase.org, licensed under a Creative Commons Attribution 3.0 US License and which cites Pavlick, Ellie; Rastogi, Pushpendre; Ganitkevitch, Juri; Van Durme, Benjamin; and Callison-Burch, Chris, “PPDB 2.0: Better paraphrase ranking, fine-grained entailment relations, word embeddings, and style classification,” Proceedings of the 53rd Annual Meeting of the Association for Computational Linguistics and the 7th International Joint Conference on Natural Language Processing (Volume 2: Short Papers), 425—430, available at http://www.aclweb.org/anthology/P15-2070.

Linking to and framing of this App

You may not frame any our content, or use any trademark, logo, or other proprietary information on this App, without our express written consent. You may not use our name or trademarks in any metatags or other hidden text without our express written consent. You may link to this App for noncommercial purposes only. We reserve the right to demand you remove any such link at any time, for any or no reason, and at our sole discretion.

Restrictions on Minors Under 18 Using the App / Compliance with COPPA

The App is not to be used by any individual under the age of 18 and is not directed at anyone under the age of 18. We do not knowingly permit registration or submission of personally identifiable information by anyone younger than 18 years of age. We comply with the Children's Online Privacy Protection Act.

Geographical restrictions

We are based in the state of Oregon in the United States. This App, including Third Party Partner services, is provided for use only by persons located in the United States. We make no claims that this App is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Termination

We may terminate your right to access or use the App at any time without notice. We reserve the right to block, delete, or stop the uploading of materials and communications that it in its sole discretion finds unacceptable for any reason.

Governing law and disputes

These Terms, and any dispute that may arise between you and Journi, will be governed by the laws of the State of Oregon without regard to conflict of laws or principles. The Terms, as may be amended from time to time, set forth the entire understanding between you and Journi as to the subject matter of the Terms, unless otherwise specifically provided under a written agreement. Jurisdiction and venue will be in the courts of Multnomah County, Oregon, or, where jurisdiction is federal, in the District of Oregon’s Portland courts for any disputes arising out of or relating to these Terms.

Miscellaneous

If any provision of the Terms is found to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect, and all Terms shall be enforced to the fullest extent permitted by law. No waiver or failure to assert any provision of the Terms shall be valid unless in writing and signed by an officer of Journi. We may assign its rights and duties under the Terms to any party, at any time, without notice. We reserve all rights not expressly granted in these Terms.

User privacy

We manage and protect your personal information in accordance with applicable laws and established company security standards and practices. You may find our privacy policies at journi.com/privacy-policy

Contacting us

Please contact us at help@journi.com or by writing Journi, P.O. Box 1271, Portland, OR 97207, Portland, OR  97201.

Effective Date: August 21, 2019